GURUCHARAN SINGH & ANOTHER Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Gurucharan Singh And Another
State of Uttarakhand and another
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(1.) Counter affidavit filed on behalf of respondent no. 2 in the Court is taken on record.
(2.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the summoning order dated 21.04.2008 as well as the entire proceedings of criminal case no. 08 of 2008, Lakkha Singh vs Gurucharan Singh and another, under Sections 504 and 506 of IPC, within the jurisdiction of police station Kunda, District Udham Singh Nagar, pending in the court of Addl. Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.
(3.) A criminal complaint case was filed by the complainant / respondent no. 2 against the accused persons / applicants in respect of offences punishable under Sections 323, 504, 506 of IPC. After the statements of the complainant under Section 200 of Cr.P.C. and Harbhajan Singh and Jaswant Singh under Section 202 of Cr.P.C., the accused persons / applicants were summoned to face the trial for the offences punishable under Sections 504 and 506 of IPC. Learned Addl. Chief Judicial Magistrate, Kashipur, vide order dated 21.04.2008, found that no prima facie offence punishable under Section 323 of IPC was made out against the accused persons. Accused persons / applicants have challenged the impugned summoning order under Sections 504, 506 of IPC. In the complaint as well as in the statement of the complainant under Section 200 of Cr.P.C., the abuses, allegedly hurled at the complainant, were not described. The same was the case with the statements of Harbhajan Singh and Jaswant Singh under Section 202 of Cr.P.C. Prima facie, the ingredients of offence punishable under Section 504 of IPC were not made out against the accused persons on a bare reading of the complaint and statements under Sections 200 and 202 of Cr.P.C.;
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